Page No.# 1/11 GAHC010256132022 2026:GAU-AS:8643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8094/2022 SARALA DAS W/O- LATE DULAL DAS, R/O- JONAKI NAGAR, BORBARI, P.O.- HENGRABARI, GUWAHATI, P.S- DISPUR, DISTRICT- KAMRUP(M), ASSAM, PIN- 781036. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS BUILDING AND NH DEPARTMENT, DISPUR, ASSAM. 2:THE CHIEF ENGINEER PWD NH DIVISION NAGAON. 3:THE SUPERINTENDING ENGINEER PWD NH DIVISION NAGAON. 4:THE EXECUTIVE ENGINEER PWD KALIABOR ROAD DIVISION JAKHALABANDHA. 5:THE ASSISTANT EXECUTIVE ENGINEER PWD NH SUB-DIVISION Page No.# 2/11 JAKHALABANDHA. 6:THE ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHATI-27. 7:THE DIRECTOR OF PENSION GOVERNMENT OF ASSAM NAHARONI PATH HOUSEFED DISPUR BASISTHAPUR GUWAHATI-06. 8:THE TREASURY OFFICER NAGAON. 9:SMT. RULI DAS R/O- RAHA HARIA MUKH P.S.- RAHA DISTRICT- NAGAON PIN- 782103 ASSAM Advocate for the Petitioner : MR S BHARALI, MR. M DAS,MR. K PATHAK,BAIJOYONTA BAROOAH,N K NEOG,MR. M DAS Advocate for the Respondent : GA, ASSAM, MR. R HAZARIKA(R9),MR. I K BURAGOHAIN(R9),MR. S SARMA(R9),SC, TREASURY,SC, AG,SC, PWD BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 15.06.2026 Heard Mr. M. Das, learned counsel, appearing for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, Assam, appearing for the respondent nos.1, 2, 3, 4 and 5; Mr. C. Baruah, learned Standing Page No.# 3/11 Counsel, AG (A&E), Assam, appearing for the respondent no.6; Ms. D. Das Barman, learned Additional Senior Government Advocate, representing the Director of Pensions; and Mr. R. Hazarika, learned counsel, appearing for the respondent no.9. 2. The petitioner by way of instituting the present writ petition, projecting that, she is the 1st wife of Late Dulal Das, has prayed for a direction upon the respondent authorities to authorize to her the Family Pension in respect of the services rendered by her husband Late Dulal Chandra Das. 3. The petitioner in the present writ petition has projected that she has married Dulal Das in the month of February 1982. At the relevant point of time, the husband of the petitioner was employed as a Sub Engineer Grade-II, under the Office of the Executive Engineer, PWD, Nagaon, N. H. Division, Nagaon. It is further projected that on account of the mental and physical torture meted out to her, the petitioner had instituted F.C.(Civil) Case No.195/1999, before the Court of the Principal Judge, Family Court, Guwahati, Kamrup, seeking a judicial separation from her husband. The Family Court, thereafter, vide Judgment & Order dated 19.02.2001, proceeded to pass a order granting judicial separation to the petitioner along with payment of maintenance allowance of Rs.2000/- (Rupees Two Thousand) per month. It is further projected that on a reconciliation Page No.# 4/11 occasioning between the petitioner and her husband, a joint application was filed, wherein, a prayer was made for withdrawal of the order of judicial separation. The Family Court thereafter, vide order 07.12.2005, proceeded to allow the prayer for withdrawal of the order of judicial separation passed vide the Judgment & Order dated 19.02.2001. Accordingly, the petitioner projects that there being no divorce occasioning in the matter and the order of judicial separation also having been withdrawn, the status of the petitioner as the wife of Late Dulal Chandra Das continued to be maintained. In the writ petition, it is further projected that the respondent no.9, by projecting herself to be the wife of Late Dulal Chandra Das, had approached the respondent authorities claiming for being authorized the family pension. The respondent authorities on processing of the matter is contended to have authorized the respondent no.9, the family pension in respect of the services rendered by Late Dulal Chandra Das. It is to be noted that Late Dulal Chandra Das had passed on, on 12.12.2021, after having superannuated from his services in the year 2016. In the above background, the petitioner has instituted the present writ petition. 4. Mr. M. Das, learned counsel, appearing for the petitioner, after reiterating the facts noticed, hereinabove, has submitted that the respondent no.9, in her pleading has contended that she had married Dulal Page No.# 5/11 Chandra Das in the month of January, 1985. Mr. Das by referring to the Judgment & Order dated 19.02.2001, passed by the Principal Judge, Family Court, Guwahati, Kamrup, in F.C.(C).No.195/1999, has submitted that, therein, the date of solemnization of marriage of the petitioner with Dulal Chandra Das has been recorded as February 1982. Accordingly, he submits that the petitioner is the 1st wife of Late Dulal Chandra Das and accordingly, in terms of the provision of Rule 143 of the Assam Services (Pension) Rules, 1969, it is she who is entitled to be authorized the family pension in respect of the services rendered by Dulal Chandra Das after his demise. 5. Mr. M. Das by referring to the contentions raised by the respondent no.9, in the affidavit filed by her in the present proceeding that, on the date of marriage of the petitioner she was aged around 14 (fourteen) years, as submitted in the writ petition, the said fact is not disputed. However, the marriage between the petitioner and Dulal Chandra Das, in view of the above position, would be a voidable marriage and the petitioner not having prayed for annulment of the marriage after she had attained majority, the said marriage is held to have been maintained and accepted by the petitioner and accordingly, the status of being wife of Dulal Chandra Das, continued to be maintained, in respect of the petitioner, herein. 6. In the above premises Mr. M. Das, submits that a direction is called upon to be issued to the respondent authorities for authorizing to the Page No.# 6/11 petitioner her family pension in respect of the services rendered by her husband, Late Dulal Chandra Das. 7. Mr. R. Dhar, learned Standing Counsel, PWD, Assam, has submitted that basing on the materials available on record, including the declarations made by Late Dulal Chandra Das, projecting the respondent no.9, to be his nominee, the pension papers of Late Dulal Chandra Das, was so processed by construing the respondent no.9 as his nominee. He submits that the fact, that the petitioner was the 1st wife of Late Dulal Chandra Das was not known to the Departmental Authorities, till after the demise of Late Dulal Chandra Das. 8. Mr. C. Baruah, learned Standing Counsel, AG (A&E), Assam, has submitted that in the pension proposal as forwarded to it from the Departmental Authorities, the respondent no.9, was disclosed, therein, as the spouse of Late Dulal Chandra Das. It is further projected that Late Dulal Chandra Das, had put his signature in the forms, including Form No.1A, wherein, the name of his spouse was declared by him as Ruli Das i.e. the respondent no.9. He submits that there is no material available on record while processing the pension proposal received in respect of Late Dulal Chandra Das that the petitioner, herein, was his 1st wife. 9. Mr. R. Hazarika, learned counsel, appearing for the respondent no.9, has submitted that the marriage of the petitioner with Dulal Chandra Page No.# 7/11 Das is disputed. It is submitted that the marriage having occasioned when the petitioner was a minor, the said marriage is a void marriage and would not confer a status of wife upon the petitioner. It is submitted that Dulal Chandra Das before his demise was living with the respondent no.9 and her children, and accordingly, had declared respondent no.9, in his pension papers as his spouse. It is also projected that late Dulal Chandra Das had retired from his services on reaching the age of superannuation w.e.f. 31.07.2016, and prior to his such retirement, he had submitted his pension papers and therein, nominated the respondent no.9 and their daughter as beneficiaries of his pension and pensionary benefit. It is submitted that late Dulal Chandra Das had passed on, on 12.12.2021 only, and even during the period after his superannuation till the date of his death, no steps was taken by late Dulal Chandra Das for correcting the nomination made by him in his pension papers. Accordingly, it is submitted that the very factum of the petitioner being the wife of late Dulal Chandra Das being in dispute, the claim made by the petitioner without there being a further declaration to the effect from a Civil Court of competent jurisdiction to be the wife of Late Dulal Chandra Das, would not mandate an acceptance from this Court and accordingly, the claim made in the present writ petition would mandate to be rejected. 10. I have heard the learned counsel for the parties and also perused Page No.# 8/11 the materials available on record. 11. The issue arising in the present writ petition is to the effect that amongst the petitioner and the respondent no.9, both of whom claimed to be the wives of Late Dulal Chandra Das, who is to be held to be the 1st wife of the deceased Government servant. The said determination is mandated in view of the provisions of Rule 143 of the Assam Services (Pension) Rules, 1969. Note 1 to the said Rules mandate that in case there are 2 (two) or more widows, pension will be payable to the eldest surviving widow. On her death, it will be payable to the next surviving widow, if any. The term ‘eldest’ has been prescribed to be determined with reference to the date of marriage. Although neither a marriage certificate is brought on record by the petitioner in the present writ petition nor such certificate has been brought on record by the respondent no.9, the claim of the respondent no.9, is that Late Dulal Chandra Das, having nominated her in his pension papers to be his spouse, the same is proof enough of the status of the respondent no.9, to be the wife of late Dulal Chandra Das. It is further projected that marriage between the respondent no.9 and Dulal Chandra Das, was solemnized in the month of January 1985. On the other hand, the petitioner has contended that the marriage between the petitioner and Dulal Chandra Das was so solemnized in the month of February 1982. No marriage certificate to the said effect was brought on record, however, on a Page No.# 9/11 perusal of the Judgment & Order dated 19.02.2001, passed by the Principal Judge, Family Court, Guwahati, Kamrup, in a proceeding instituted by the petitioner seeking judicial separation from said Dulal Chandra Das, this Court finds that it was recorded, therein, that the marriage between the petitioner and late Dulal Chandra Das was solemnized in the month of February, 1982. 12. The respondent no.9, has not disputed the date of solemnization of marriage of the petitioner with Late Dulal Chandra Das, as recorded in the Judgment & Order dated 19.02.2001, passed by the Principal Judge, Family Court, Guwahati, Kamrup, in F.C.(C).No.195/1999. Accordingly, solemnization of the marriage of the petitioner with Dulal Chandra Das having been found by this Court, to have been so solemnized in the month of February, 1982, from orders passed in a judicial proceeding, this Court would proceed to hold that the marriage of the petitioner was so solemnized in the month of February, 1982, with Dulal Chandra Das. Basing on the dates of marriage now coming on record of the petitioner as well as the respondent no.9, with Dulal Chandra Das, this Court finds that the petitioner was married to Dulal Chandra Das, earlier in point of time before the solemnization of marriage of the respondent no.9, with Dulal Chandra Das. Accordingly, applying the provisions of Note 1 to Rule 143 of the Rules of 1969, this Court finds that it is the petitioner, herein, who is to be held to be Page No.# 10/11 the 1st wife of Late Dulal Chandra Das, and accordingly, during her lifetime, the Family pension could not have been authorized in favour of the respondent no.9, who is held by this Court to be the 2nd wife. 13. In view of the above conclusion, drawn by this Court, this Court directs the Respondent Nos.1, 2, 3 and 4, to submit a revised family pension proposal, in respect of the services rendered by late Dulal Chandra Das, in favour of the petitioner, herein. Such proposal be furnished to the Office of the Accountant General (A&E), Assam, within a period of 01 (one) month from the date of a receipt of a certified copy of this order. The Office of the Accountant General (A&E), Assam, on receipt of such proposal from the Departmental Authorities, shall further process the same and issue a fresh Family Pension Payment Order (FPPO), in favour of the petitioner, herein, by reckoning her status as being the 1st wife of Late Dulal Chandra Das. Such Family Pension Payment Order (FPPO), be issued to the petitioner within a period of 02 (two) months, from the date of receipt of a certified copy of this order. 14. As this Court had already concluded that it is the petitioner, herein, who is to receive Family Pension in respect of the services rendered by Late Dulal Chandra Das, being his 1st wife, the Office of the Accountant General (A&E), Assam, as well as the Treasury Officer, Nagaon, Assam, i.e. the Page No.# 11/11 Respondent No.8, is directed to stop payment of Family Pension in respect of the Respondent no.9, forthwith. However, it is provided that the Family Pension drawn by the Respondent no.9 till date be not recovered. 15. The petitioner, herein, would be entitled only to receive of pension and pensionary benefits prospectively. It is further provided that, in the event, the respondent no.9 is solely dependent upon the pension and pensionary benefits of the Family Pension received by her on account of the service rendered by Dulal Chandra Das, the directions passed in the present order would not stand in the way of the Respondent no.9 approaching the competent Court of law, claiming maintenance from the petitioner, herein. 16. In the event, such application is filed, the competent Court of law shall consider the same strictly on its merit, without being swayed by the observations and directions passed, hereinabove. 17. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant